a) the D.L. 111/95 (in accordance with Dir. 90/314/CEE) and all subsequent amendments establishes that, for the protection of the Client, the Organizer and Vendor of the holiday package, to whom the Client applies, must be in possession of the proper licences to practise this business (art. 3/1 lett. D.L. 111/95).
b) the Client has the right to receive a copy of the contract (according to art. 6 of the D.L. 111/95). which is an essential document should the Client need to apply to the National Guarantee Fund as at point 17 of these Terms & Conditions.
2. LEGAL SOURCES
The holiday contract between Villa Toscana and the Client for services provided both nationally and internationally is governed by L. 27/12/1977 n.1084 and controlled by the International Convention concerning travel contracts (CCV), signed in Brussels on 23/4/1970 as well as the Codice del Consumo, D. Lgs n. 206 of 6 September 2005 (article 82 – 100) and all subsequent amendments.
Booking requests must be made on the appropriate form, in the case of web site, completed and signed by the Client, who will receive a copy.
The booking is accepted and the contract made only once the Organizer sends booking confirmation (including via electronic means) to the Client or the Travel Agency.
Information regarding the holiday not included in the contract, in the brochure nor in any other written format, will be provided by the Organizer, in accordance with article 87, comma 2 of the Codice del Consumo, within a reasonable time prior to departure.
An amount equal to a maximum of 25% of the total cost of the holiday must be paid at the moment of the booking. The balance of the holiday price must be paid at least 30 days before the departure date; in all cases payments must always be made in accordance with what is stated in the brochure, leaflet or other means.
The non-payment of the holiday within the established period of time will result in the cancellation of the holiday by the Travel Agency and/or the Organizer of the holiday, who also reserve the right to charge any administrative costs if incurred.
5. REPRESENTATION - INSOLVENCY
Villa Toscana does not assign legal representation to any intermediary agents and therefore the latter cannot make verbal or written statements to this effect which could lead the Client to believe that such representation exists. The Travel Agent acts on behalf of the Client and will receive payment from the Client for the holiday booked with the sole purpose of transferring the full amount to Villa Toscana. Should the Travel Agent not pay Villa Toscana the full amount for the booked holiday within the established times, as stated at point 4 of these Terms and Conditions, then the Client will be held solely responsible as guarantor for the full payment for the booked holiday to Villa Toscana in accordance with article 1294 of the Codice Civile.
The price of the holiday is set out in the contract.
We reserve the right to increase the price up to 20 days before the set departure date, if necessitated by variations in the cost of transport (including fuel), duties and taxes (including landing fees), fees for boarding and disembarking at ports and airports, exchange taxes applied to the holiday.
These variations apply to the exchange rates and costs at the time of the publication of this programme.
7. CHANGES OR CANCELLATION TO THE HOLIDAY BEFORE DEPARTURE
If, before departure, the Organizer is forced to significantly change an essential element of the contract, he will immediately inform the Client in writing specifying details and any change in prices.
The Client may choose not to accept the changes mentioned here above and may receive a complete refund of monies already paid or take an alternative holiday as of point 8a and 8b.
The above is also valid should the Client be obliged to cancel due to a minimum number of participants established for a holiday not be reached, or due to circumstances beyond the Organizer’s control or force majeure.
For all other types of cancellations by the Organizer (not including circumstances beyond the Organizer’s control, force majeure, failure to reach the minimum number of participants, or the Client’s decision not to take up the alternative holiday offered by the Organizer), the Organizer is required (Article 33, letter e, Codice Consumo) to reimburse the Client double the amount of monies paid to the Organizer, by the Travel Agent.
The total money reimbursed will never be greater than twice the amount that the Client at this time has already paid towards the holiday, in accordance with point 8d, should it be the Client that cancels.
8. CANCELLATION BY THE CLIENT
The Client may cancel the contract, without financial penalty:
if the price increase in point 6 is greater than 10%
in the event of a significant change proposed by the organizer to any essential element of the holiday contract after the contract has been established and before departure date and which changes substantially the holiday and is unacceptable to the Client.
In the above cases the Client has the right either:
c) to take advantage of another holiday of equal or higher quality and value, without payment of any supplement or, to accept a holiday of lower value with the refund of the price difference;
d) to be refunded monies already paid. The Organizer must reimburse monies within seven working days of receipt of cancellation.
The Client must communicate his decision to withdraw or to accept the change(s) to his holiday within two working days of the receipt of the advice of change(s). In the absence of any response, it will be taken that all changes have been accepted.
Clients cancelling the contract before departure, apart from in circumstances mentioned above, will be charged a cancellation fee – irrespective of monies already paid as of point 4 above – and a penalty charge as indicated on the Legal, Insurance and Penalty Information Form attached to these Terms & Conditions, Program or ad hoc holiday.
In the case of pre-arranged groups, these sums will be agreed for each individual case on signing the contract.
9. CHANGES REQUESTED BY THE CLIENT
Changes to bookings already made are subject to availability and the Client will be charged for any extra expenses incurred.
Any changes made to the names of the individuals already on a contract will be seen as a partial cancellation and thus subject to the penalties stated on the Legal, Insurance and Penalty Information Form attached to these Terms & Conditions.
10. TRANSFER OF THE CONTRACT
If the Client is unable to make use of the holiday, he may be replaced by another person, if:
the Organizer is informed in writing of the substitution with all the details of the new Client, within four working days before departure;
there are no reasons regarding passport, visas, health certificate, hotel accommodation, transport services or other such issues that make it impossible for the new Client to take up the holiday package already booked by the original Client;
the person taking over reimburses the Organizer for any expenses incurred in making the transfer. These expenses will be decided at time of cancellation. The original Client and the new nominee are both responsible for the payment of the holiday and for all costs incurred by the transfer of Client.
11. CLIENT’S OBLIGATIONS
Clients must be in possession of individual passport or other valid documents for all the countries included in the itinerary, as well as any stay or transit visas and health certificates which may be required.
Clients must follow the normal rules of civil behaviour and abide by the information provided by the Organizer, as well as the regulations and administrative arrangements relating to the holiday.
Participants will be held responsible for any harm, damage or distress caused by non-observance of the obligations above.
The Client must provide the Organizer with all documents, information and everything useful in his possession needed to enforce the right of subrogation in case of third part responsibility for damage and he/she is responsible to the Organizer for harm resulting from the right of subrogation.
Any special requests that do not form part of the holiday contract must be communicated in writing to the Organizer who will do his best to arrange subject to availability and compatibility with the chosen holiday.
12. CHANGES AFTER DEPARTURE
In the event that, after departure, the Organizer is unable to provide an essential part of the services laid down in the contract, the Organizer will provide alternative solutions, at no extra cost to the Client, or, where the services provided are of inferior value to those foreseen, will refund the difference to the Client.
Where no alternative solution is possible, or where the proposed alternative solution is, with good reason, unacceptable to the Client, the Organizer will provide, at no extra cost, transport back to the point of departure or other agreed place and, refund the difference between the total cost of the holiday and the cost of the services used since departure.
13. THE ORGANIZER’S RESPONSIBILITIES
The Organizer is responsible for damages caused by total or partial non-fulfilment of the contractual obligation, whether these are caused by the Organizer or by a third party provider, unless it is proved that the event depends on an action by the Client (including initiatives independently taken by the Client during the course of the holiday) or by events outside those provisions foreseen in the contract, by unusual or unexpected circumstances beyond the Organizer’s control, by force majeure or by circumstances which the Organizer could not, despite professional diligence, foresee or resolve.
14. COMPENSATION LIMITS
Damage sustained by the person is compensated within the limits of international conventions governing such matters to which Italy or the European Union are a party, and particularly within the limits laid down by the 1929 Warsaw Convention on air transport brought into force by law 19 May 1932; by the Berne Convention of 25 February 1961 on rail transport, brought into force by law 2 March 1962; and by the Brussels Convention of 23 April 1979 (CCV) brought into force by law 27 December 1977 n. 1084 for any other responsibility of the Organizer.
The Organizer must provide all necessary assistance, required by the profession, to uphold obligations within the contract or as required by law.
The Organizer is not responsible to the Client for non-fulfilment by the Vendor of the Vendor’s obligations.
The Client must report in writing immediately any discrepancies or problems with the holiday, so that the Organizer can rectify the problem.
The Client can also make a formal complaint by sending a registered letter within 10 days of the end of the holiday.
Where the complaint is made whilst the Client is on holiday, the Organizer will offer assistance to the Client (as in point 15 above), to attempt to reach a quick and fair solution.
The same procedure is foreseen for complaints made after the end of the holiday.
17. GUARANTEE FUND
A National Guarantee Fund has been established at the Ministero delle Attività Produttive in accordance with article 100 D.L. 206/2005 in event of insolvency of the Organizer or third party service provider. The conditions for use of the Fund are laid out in the decree of the Ministero delle Attività Produttive, (article 100 D.L 206/2005).
18. CLASSIFICATION OF HOTELS AND TOURIST PROPERTIES
In the absence of an official classification of the tourist services, recognized by the competent authority of the countries which are members of the EU, the Organizer will establish its own classification for hotels and tourist properties following its own evaluation criteria based on high standards.
All eventual complaints and disputes will be dealt with exclusively by the Arbitration Board for the district of Pisa.
20. DATA PROTECTION POLICY
All personal information will be processed in compliance with Italian Legislative Decree no. 196 of 30 June 2003 and used exclusively to process Clients’ bookings and to send future marketing material from the Organizer. The Client has the right to modify or to request cancellation of personal information provided.
LEGAL, INSURANCE AND PENALTY INFORMATION FORM
OBLIGATORY COMUNICATION IN ACCORDANCE WTIH ART. 17 OF LAW NO. 38/2006
Italian law punishes crimes connected with juvenile prostitution and pornography, even when such crimes are committed abroad.
Published in accordance with Legge Regionale Toscana n. 42 of 23.03.2000 and subsequent amendments.
Administrative authorisation for travel agency and tourism business renewed at the Province of Pisa on 01.03.2005.
Villa Toscana srl is covered by Civil Responsibility Policy n. 2045 65 20055622 with Unipol Assicurazioni S.p.a., in accordance with L.R. n. 42 of 23.03.2000 and subsequent amendments.
Clients cancelling the contract before departure, unless for reasons stated at point 8 of the Terms & Conditions, will be charged a cancellation fee, irrespective of any deposit already paid as well as an administration fee of Euros 35,00. The cancellation fees are:
10% of the total price up to 21 days prior to departure
30% of the total price from 20 to 15 days prior to departure
75% of the total price from 14 to 3 days prior to departure
100% of the total price after the last mentioned date.